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  • Garvey v. Adamo

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0691

    Plaintiff's proposed subpoena was overly broad and did not describe the requested documents with reasonable particularity. The court denied plaintiff's motion to strike objections to the subpoena.

  • Charlton v. Troy

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0782

    The trial court erred in allowing plaintiffs' counsel to cross-examine the defendant physician, who testified as a fact witness, about the contents of a medical textbook that he did not recognize as authoritative, causing extreme prejudice to defendants. The superior court vacated the substantial jury verdict and remanded for a new trial.

  • Flanigan v. The Ellwood City Hosp.

    Publication Date: 2020-06-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0511

    A sanction dismissing plaintiff's complaint with prejudice was appropriate, because plaintiff blatantly refused to provide discovery.

  • Ungurian v. Beyzman

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0510

    Trial court properly ordered hospital to produce its event report, serious safety event rating meeting summary, minutes from the patient safety committee, root cause analysis report, quality improvement staff peer review and credentialing in a medical malpractice action because the documents were not protected from disclosure under the Patient Safety Quality Improvement Act and the Peer Review Protection Act. Affirmed.

  • Rolon v. Davies

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0509

    Trial court erred in entering nonsuit in favor of surgeon in medical malpractice action because decedent's administrator's expert rendered his testimony to a reasonable degree of certainty but court affirmed jury's verdict in favor of other defendants and ordered a new trial only against surgeon. Vacated in part and affirmed in part.

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  • Kinard v. Butler Mem'l Hosp.

    Publication Date: 2020-05-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0357

    The court sustained a preliminary objection, because plaintiffs' certificate of merit only supported their claim for vicarious liability, not corporate negligence. The complaint contained sufficient facts to allow plaintiffs' punitive damages claim to go forward.

  • Beard v. Williams

    Publication Date: 2020-05-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0444

    The court denied defendant physician's motion for summary judgment, because genuine issues of material fact existed regarding matters associated with a collaboration agreement between the physician and a nurse practitioner.

  • Nigon v. Jewell

    Publication Date: 2020-04-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0305

    Where medical providers failed to address known risks of a patient's condition, the court overruled certain preliminary objections, but sustained others.

  • Garman v. Angino

    Publication Date: 2020-04-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0389

    Trial court erred in ruling that attorneys' negligence was not the proximate cause of clients' loss where damages in second medical malpractice action were not barred under doctrines of collateral estoppel, res judicata, or one recovery rule by prior medical malpractice action arising from the same surgery. Summary judgment vacated, case remanded.

  • Monahan v. Reedy et al

    Publication Date: 2020-03-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0220

    The defendant hospital's designation of a physician as a witness on credentialing of physicians was probative of its alleged breach of the corporate duty to formulate and enforce adequate credentialing procedure where this witness stated that he was not familiar with hospital credentialing or privilege policies. The trial court denied a motion in limine.